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JASPREET SINGH
Vatika Nirman Pvt. Ltd. – Appellant
Versus
U. P. Real Estate Regulatory Authority – Respondent
Question 1? What is the proper forum to resolve disputes involving Builder-Buyer Agreements under the Real Estate (Regulation and Development) Act, 2016? Question 2? What are the principles governing the maintainability of writ petitions when an efficacious statutory remedy exists under the RERA Act? Question 3? What are the grounds on which RERA’s orders can be challenged, and whether the Appellate Tribunal is the appropriate body to adjudicate matters involving disputed questions of fact and law?
Key Points: - (!) The Court holds that disputes involving Builder-Buyer Agreements and related relief fall within the jurisdiction of the Real Estate Appellate Tribunal for resolution, not the High Court's writ jurisdiction. (!) (!) - (!) The existence of an efficacious statutory remedy under Section 43(5) of the RERA Act justifies declining to entertain petitions under Article 226/227. (!) (!) - (!) The Appellate Tribunal is deemed best suited to address disputes that involve complex questions of fact and law arising under the RERA Act. (!) - (!) Petitioners are granted liberty to appeal to the Appellate Tribunal; the High Court dismisses petitions on maintainability grounds. (!) - (!) The judgments acknowledge that natural justice considerations apply, but the alternate remedy can preclude writ relief unless exceptions are met. (!) (!) - (!) The Act is self-contained, with provisions empowering the RERA and the Appellate Tribunal to adjudicate matters within its four corners. (!) (!) - (!) The order emphasizes not to decide on merits in this stage to avoid prejudicing future Appellate Tribunal proceedings. (!)
JUDGMENT
Jaspreet Singh, J.
This is a batch of 12 petitions whereby the petitioner company has assailed the judgment and order dated 02.01.2024 passed by the Uttar Pradesh Real Estate Regulatory Authority, Lucknow (hereinafter referred to as RERA). The private respondent had filed 12 separate complaints before the RERA, relating to different units of the project known as Urban Woods Phase-II launched by the petitioner company, Vatika Nirman Private Limited. All the 12 complaints have been decided by the common order dated 02.01.2024 which have been assailed by filing the aforesaid 12 separate petitions though the grounds and submissions is common in all, hence all the petitions have been clubbed together and are being decided by this common judgment.
2. Shri Shantanu Singh, learned counsel for the petitioner has primarily attacked the order passed by the RERA dated 02.01.2024 on the following grounds: (i) the impugned order is without jurisdiction, (ii) the relief granted by the RERA is not within its domain as it is not entitled to grant any declaratory relief; (iii) the impugned order is violative of principles of natural justice; and (iv) the order is patently illegal.
3. Elaborat
The existence of an alternate statutory remedy under the RERA Act limits the High Court's jurisdiction to entertain writ petitions, directing parties to the Appellate Tribunal for resolution of dispu....
The High Court upheld that jurisdiction for RERA to adjudicate complaints exists even if the promoter lacks registration, emphasizing the rights of aggrieved parties under the Act.
The jurisdiction of the Real Estate Appellate Tribunal was affirmed, directing adjudication of compensation claims based on statutory authority under RERA.
The court upheld the requirement for total deposit of compensation and interest before hearing appeals under the Real Estate Act, affirming RERA's jurisdiction over disputes involving landowners as a....
The requirement of pre-deposit under Section 43(5) of the Real Estate (Regulation and Development) Act, 2016 is mandatory and cannot be waived unless there are exceptional circumstances of complete f....
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